[Ord. No. 08-31, 10-7-2009]
(a)
Application. An application for relief from the literal requirements
of a zoning this appendix because of hardship or an application for
a special use permit may be made by any person, group, agency or corporation,
provided that the owner or owners of the subject property must join
in any application, by filing with the Building Official an application
describing the request and supported by such data and evidence as
may be required by the Zoning Board of Review (the "board"). An application
from a corporation must be signed by its attorney or duly authorized
officer of the corporation. The Building Official shall immediately
transmit such application received to the zoning board and shall transmit
a copy of each application to the Planning Board.
(b)
Review by Planning Board. The zoning board shall, immediately upon
receipt of an application, request that the Planning Board report
its findings and recommendations, including a statement on the general
consistency of the application with the goals and purposes of the
comprehensive community plan of the Town Cumberland Comprehensive
Plan in writing to the board within 30 days. The finding of the Planning
Board with respect to the consistency of the application with the
goals and purposes of the comprehensive plan shall be recorded in
the record of the board; and the declaration of the Planning Board
shall be a recognized statement of fact before the board.
(c)
Hearing and notice requirements. The board shall hold a public hearing
on any application for variance or special use permit in an expeditious
manner, after receipt, in proper form, of an application. The board
shall give notice of such public hearing, which notice shall include
the precise location of the subject property, including the street
address, and a description of the relief sought, at least 14 days
prior to the date of the hearing by publication of notice in a newspaper
of general circulation within the Town, and by first class mail to:
(1)
All owners of the subject property in question; and
(2)
All property owners of record of land within 200 feet of the
property, which is the subject of the application, whether within
the Town or within an adjacent city or Town; and
(3)
The city or Town Council of any city or Town to which one or
more of the following pertain:
a.
Which is located in or within not less than 200 feet of the
boundary of the subject property; or
b.
Where there is a public or quasi-public water source, or private
water source that is used or is suitable for use as a public water
source, within 2,000 feet of the subject property, regardless of municipal
boundaries; and
(4)
The governing body of any state or municipal water department
or agency, special water district, or private water company that has
riparian rights to a surface water resource and/or surface watershed
that is used or is suitable for use as a public water source and that
is within 2,000 feet of the subject property, provided, however, that
the governing body of any state or municipal water department or agency,
special water district, or private water company has filed with the
Building Official a map survey, which shall be kept as public record,
showing areas of surface water resources and/or watersheds and parcels
of land within 2,000 feet thereof.
[Ord. No. 08-31, 10-7-2009]
(a)
General standards. In granting a variance, the board shall require
that evidence to the satisfaction of the following standards be entered
into the record of the proceedings:
(1)
That the hardship from which the applicant seeks relief is due
to the unique characteristics of the subject land or structure and
not to the general characteristics of the surrounding area; and not
due to a physical or economic disability of the applicant;
(2)
That said hardship is not the result of any prior action of
the applicant and does not result primarily from the desire of the
applicant to realize greater financial gain;
(3)
That the granting of the requested variance will not alter the
general characteristic of the surrounding area or impair the intent
or purpose of this zoning ordinance or the Town of Cumberland Comprehensive
Plan; and
(4)
That the relief to be granted is the least relief necessary.
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The board shall, in addition to the above standards, require
that evidence be entered into the record of the proceedings showing
that:
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(b)
Use variance standard. In granting a use variance, the board shall,
in addition to the above standards, require that evidence be entered
into the record of the proceedings showing that the subject land or
structure cannot yield any beneficial use if it is required to conform
to the provisions of this appendix. Nonconforming use of neighboring
land or structures in the same district and permitted use of land
or structures in an adjacent district shall not be considered grounds
for granting a use variance.
(c)
Dimensional variance standard. In granting a dimensional variance,
the board shall, in addition to the above standards, require that
evidence be entered into the record of the proceedings showing that
that the hardship that will be suffered by the owner of the subject
property if the dimensional variance is not granted shall amount to
more than a mere inconvenience. The fact that a use may be more profitable
or that a structure may be more valuable after the relief is granted
shall not be grounds for relief.
[Ord. No. 08-31, 10-7-2009]
(a)
General standards. In granting a special use permit, the board shall
require that evidence to the satisfaction of the following standards
be entered into the record of the proceedings:
(1)
That the special use is specifically authorized by this appendix,
and setting forth the exact subsection of this appendix containing
the jurisdictional authorization;
(2)
That the special use meets all of the criteria set forth in
the subsection of this appendix authorizing such special use, as applicable;
and
(3)
That the granting of the special use permit will not alter the
general character of the surrounding area or impair the intent or
purpose of this appendix or the community comprehensive plan of the
Town.
(b)
In conjunction with a dimensional variance. An applicant may apply
for, and be issued, a dimensional variance in conjunction with a special
use permit. If such special use could not exist without the dimensional
variance, the board shall consider the special use permit and the
dimensional variance together to determine if granting the special
use is appropriate based on the standards required for both.
[Ord. No. 08-31, 10-7-2009; Ord. No. 13-01, § 1, 3-6-2013]
The following special uses are permitted upon approval by the
board, in accordance with this article, and with the following conditions
in addition to those set forth in subsection 18-3(a).
(a)
Boarding. The board may allow, by special use permit, the rental
of up to two rooms with or without meals, within any dwelling unit,
provided that more than 50% of the habitable space is occupied by
the resident family, and that no more than one person may occupy any
one of said rooms.
(b)
Accessory manufacturing. Within C zones, manufacturing, compounding,
processing, catering, cleaning, laundering, plumbing, or treatment
of products and similar uses which are clearly incidental and essential
to a retail use may be allowed by the board, by special use permit,
provided such uses, operations or products shall not be objectionable
due to odor, dust, smoke, noise, vibration or other similar causes.
(c)
Change in nonconforming use.
(1)
I and C zones: Within any such zone, a nonconforming use may
be changed to a different nonconforming use by special permit. In
considering an application for a special use permit to change to a
different nonconforming use, the board shall find that the new use
will be less nonconforming and a less intensive use of the neighborhood
land use pattern. A nonconforming use changed to a different nonconforming
use by a special use permit may not be changed to another nonconforming
use without the granting of another special use permit.
(d)
Dimensional relief.
(1)
Maximum lot coverage: The board may allow, by special use permit, an additional 10% lot coverage above the maximum lot coverage specified in this appendix Article 5, if, and only if, the use of the building is in conformance with Article 4 and parking is provided in accordance with Article 14.
(2)
Maximum height in R zones: The board may allow, by special use
permit, an increase in the maximum height to 40 feet, provided that
the use of building is in conformance with Article 4.
(e)
Signage. An increase in the number of signs, sign height or sign area as otherwise permitted in Article 13 may be allowed by dimensional variance provided the board makes the following determinations, where relevant:
(1)
The establishment of the signage in a completely conforming
manner will result in material damage to the associated business.
(2)
The establishment of the sign which is nonconforming by size
will result in a clear visual improvement to a site by virtue of its
replacement of an existing nonconforming sign.
(f)
Off-street and shared parking.
(1)
Parking in R zones: Off-street automobile parking lots may be established by special use permit to support off-street parking requirements of residential uses in areas where the board finds that there is a need for such additional facilities, or where required off-street parking cannot be satisfied on the lot in which such residential uses are located. Such lots shall be developed and maintained as required by Article 14 of this appendix, and subject to such further conditions as may be imposed by the board.
(2)
Off-site parking: The board may permit off-street parking by
special use permit on other off-site lots in any district provided
that such off-site parking is reasonably and safely accessible from
the principal use, either by pedestrians or other means such as tram
and/or shuttle service.
(3)
Shared parking: The board may allow shared parking by special
use permit, provided that the type of structures or uses indicate
that the period of usage of such structures or use will not be simultaneous.
(e.g. a church with Sunday services together with a business that
is closed on Sundays), and that neither use may be a residential use.
(g)
Drive-through service.
(1)
Drive-through window(s) and menu board(s), where applicable,
shall be positioned to minimize view from street.
(2)
Appropriate buffers including landscaping shall be located to
minimize view from street and neighboring property owners.
(3)
Fast food uses shall include on-site queuing of at least 10
cars.
(4)
Banks shall include on-site queuing of at least five cars per
window.
(5)
Pharmacy shall include on-site queuing of at least five cars.
(h)
Auto body repair. In granting a special use permit for the construction
of an auto body repair shop, the following standards for development
shall apply:
(1)
The minimum lot size shall be 10,000 square feet.
(2)
All structural and cosmetic work made on motor vehicle bodies
shall be conducted within a fully enclosed structure of at least 3,000
square feet in area.
(3)
Buildings shall be set back at least 25 feet from the street
right-of-way and at least 20 feet from any other property line.
(4)
The zoning board may require auto body shops that store inoperable
vehicles, automotive parts or trash out of doors to provide appropriate
landscaping around said outdoor storage so as to screen said storage
from the view of the public street and any abutting properties.
(5)
The requirement that only waterbourne base coat paints may be
used in the operation of the business.
(6)
A requirement that only dustless sanding systems shall be used
in the operation of the business.
(7)
No variances may be granted relating to the dimensional requirements
as stated in this Subsection (h).
(i)
Solar energy facilities to include medium-scale ground-mounted solar
energy systems; major ground-mounted solar energy systems; and medium-scale
ground-mounted solar energy systems.
[Added 10-5-2016 by Ord.
No. 16-19; amended 2-15-2017 by Ord. No. 17-01A]
[Ord. No. 08-31, 10-7-2009]
In applications for relief from the literal dimensional requirements
of this appendix as contained in Article 5 involving the construction,
alteration, or structural modification of a structure or lot of record,
the Building Official shall be authorized to grant approval in the
form of a modification permit. Such modification shall not exceed
10% of any dimensional requirement specified in this appendix.
(a)
Dimensional relief allowed by modification. A modification permit
may be granted by the Building Official for relief from one of the
following dimensional requirements, as contained in Article 5 for
the appropriate zoning district:
(1)
Minimum lot width or frontage;
(2)
Minimum front, side or rear yard; or
(3)
Maximum lot coverage.
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Any application involving more than one of the above shall not
be considered for a modification permit and will require approval
from the Zoning Board of Review as requested. In no case shall a modification
permit involve the moving of a lot line.
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(b)
Suitability determination. Within 10 days of receipt of a request
for a modification, the Building Official shall make a decision as
to the suitability of the requested modification, based on the following:
(1)
The modification requested is reasonably necessary for the full
enjoyment of the permitted use;
(2)
If the modification is granted, neighboring property will neither
be substantially injured nor its appropriate uses substantially impaired;
(3)
The modification requested is in harmony with the purposes and
intent of the comprehensive community plan and this appendix; and
(4)
The modification requested does not require a variance of a
flood hazard requirement.
(c)
Notice required. If the Building Official determines that a request
for modification is suitable, he shall notify, by registered or certified
mail, all property owners abutting the property which is the subject
of the modification request, and shall publish notice in a newspaper
of general circulation within the Town of Cumberland that the modification
will be granted unless written objection is received within 30 days.
If a written objection is received within 30 days of the public notice,
the request for a modification shall be denied and the relief requested
may only be granted by the Zoning Board of Review as a dimensional
variance, if no such written objection is received, the Building Official
shall grant the modification, and in granting, may apply such special
conditions to the permit as may, in his opinion, be required to conform
to the intent and purposes of this appendix.
[Ord. No. 08-31, 10-7-2009]
In granting a variance or special use permit, or in making any
determination upon which it is required to pass after public hearing
under this appendix, the board may apply such special conditions that
may, in the opinion of the board, be required to promote the intent
and purposes of the comprehensive plan of the Town and this appendix.
Failure to abide by any special conditions attached to a grant shall
constitute a zoning violation. Such special conditions shall be based
on competent credible evidence on the record, be incorporated into
the decision, and may include, but are not limited to, provisions
for:
(a)
Minimizing adverse impact of the development upon other land, including
the type, intensity, design, and performance of activities;
(b)
Controlling the sequence of development, including when it must be
commenced and completed;
(c)
Controlling the duration of use or development and the time within
which any temporary structure must be removed;
(d)
Assuring satisfactory installation and maintenance of required public
improvements;
(e)
Designating the exact location and nature of development; and
(f)
Establishing detailed records by submission of drawings, maps, plats,
or specifications.
[Ord. No. 08-31, 10-7-2009]
Any variance or special use permit shall expire one year after
the date of the filing of the resolution with the Town Clerk unless
the applicant shall, within one year, obtain a legal building permit
and proceed with the construction; or obtain a certificate of occupancy
when no legal building permit is required. The board may, upon written
request and for cause shown prior to the expiration of the initial
one-year period, renew the variance or special use permit for a second
one-year period. Said request for an extension need not be advertised.
Should an applicant fail to begin construction with a legal
building permit, or obtain a certificate of occupancy within the second
one-year period, the board may upon written request prior to the expiration
of the second one-year period, renew the variance or special use permit
for a third one-year period provided that the applicant can demonstrate
due diligence in proceeding and substantial financial commitment in
promoting the subject of the variance or special use permit since
the date of the filing of the resolution, and notice shall be given
in accordance with subsection 18-1(c) and a hearing shall be held
on the request the granting of the variance or special use permit
shall be null and void, and any further request for such relief shall
require the submittal of a new application with notice given and a
hearing held in accordance with subsection 18-1(c).
Notwithstanding this provision, in the event an applicant receives
extensions from the Planning Board in conjunction with development
approvals, variances and special use permits granted by the board
shall expire on the date such Planning Board approvals expire.
None of the year periods shall run during the pendency of any
superior court actions seeking to overturn the grant.
[Added 10-5-2016 by Ord.
No. 16-19; amended 2-15-2017 by Ord. No. 17-01A]
The increase in demand for alternate power sources has resulted
in considerable interest in the construction of solar energy systems
which provide for the collection, storage and distribution of energy
for electricity, heating and other purposes. The Town of Cumberland
recognizes the benefit of such systems and hereby wishes to implement
Comprehensive Plan action items to incorporate solar energy systems
in an orderly and comprehensive way.
(1)
PHOTOVOLTAIC SYSTEM
RATED NAMEPLATE CAPACITY
SOLAR ACCESS
SOLAR COLLECTOR
SOLAR ENERGY
SOLAR ENERGY SYSTEM
SOLAR ENERGY SYSTEM, ACTIVE
SOLAR ENERGY SYSTEM, COVERED PARKING
SOLAR ENERGY SYSTEM, GRID-INTERTIE
SOLAR ENERGY SYSTEM, GROUND-MOUNTED
SOLAR ENERGY SYSTEM, MAJOR
SOLAR ENERGY SYSTEM, MEDIUM
SOLAR ENERGY SYSTEM, MINOR
SOLAR ENERGY SYSTEM, OFF-GRID
SOLAR ENERGY SYSTEM, PASSIVE
SOLAR ENERGY SYSTEM, ROOF-MOUNTED
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An active solar energy system that converts solar energy
directly into electricity.
The maximum rated output of electric power production of
the photovoltaic system in watts of alternating current (AC).
The access of a solar energy system to direct sunlight.
A device, structure or part of a device or structure for
which the primary purpose is to transform solar radiant energy into
thermal, mechanical, chemical, or electrical energy.
Radiant energy received from the sun that can be collected
in the form of heat or light by a solar collector.
A device or specific-use structural design feature, a substantial
purpose of which is to provide for the collection, storage, and distribution
of solar energy for space heating or cooling, electricity generation,
or water heating.
A solar energy system whose primary purpose is to harvest
energy by transforming solar energy into another form of energy or
transferring heat from a collector to another medium using mechanical,
electrical, or chemical means.
An active solar energy system that is structurally mounted
to the ground yet additionally maintains a permanent function to park
vehicles under; may be of any size (minor, medium, or major scale).
A photovoltaic system that is connected to an electric circuit
served by an electric utility.
An active solar energy system that is structurally mounted
to the ground and is not roof-mounted; may be of any size (minor,
medium, or major scale).
An active solar energy system that occupies more than 40,000
square feet of surface area, including inter-row and panel/collector
spacing or has a rated nameplate capacity 250kW AC or greater.
An active solar energy system that occupies more than 1,750
square feet but less than 40,000 square feet of surface area, including
inter-row and panel/collector spacing or has a rated nameplate capacity
25-250kW AC.
An active solar energy system that occupies 1,750 square
feet of surface area or less, inter-row and panel/collector spacing
or has a rated nameplate capacity 25kW AC or less.
A photovoltaic system in which the circuits energized by
the solar energy system are not electrically connected in any way
to electric circuits that are served by an electric utility.
A solar energy system that captures solar light or heat without
transforming it to another form of energy or transferring the energy
via a heat exchange.
An active solar energy system that is structurally mounted
to, or structurally ballasted on the roof of, a building or structure;
includes solar shingles; may be of any size (minor, medium, or major
scale).
(2)
Building permit. No solar energy system shall be constructed, installed
or modified without first obtaining a building permit and shall be
subject to periodic inspections as deemed necessary by the building
official.
(3)
Dimensional regulations ground-mounted solar energy systems.
a.
The maximum height of a ground-mounted solar energy system shall
be 12 feet, with the exception of solar covered parking structures
which shall have a maximum height of 18 feet from the ground. The
height shall be measured from the ground level or the base of the
system's pedestal to the highest point of the solar energy system,
including the top of any support structure or panel.
b.
Setbacks. Small- and medium-scale ground-mounted solar energy systems
that are accessory to a primary building or structure on a lot are
provided with more flexible setback requirements than those that would
typically apply to a primary structure. Whenever a solar energy system
is sited as a principal structure on a lot, the setback requirements
for principal structures in that zoning district apply.
1.
Minor ground-mounted solar energy systems accessory to principal
structures may be located no closer than 1/2 of the setback that would
otherwise apply or 20 feet from the front, side, or rear site lines,
whichever is greater. Medium-scale ground-mounted solar installations
should maintain the same setbacks as accessory structures.
c.
Lot coverage. Major and medium ground-mounted solar installations
shall cover no greater that 20% of a lot of contiguous lots in common
ownership. In Industrial-2 ("I-2") Zoning Districts, for lots over
10 acres in size, up to 30% of lot coverage is allowed, including
areas where trees and/or vegetation have been disturbed and/or removed
previous to the enactment of this article. In no event shall any ground-mounted
solar installation on any lot or contiguous lots in the same or related
ownership exceed 10 acres of land determined by lot coverage as set
forth above. The term "lot coverage," for the purpose of this section
only, shall mean only the area of land physically covered by solar
panels and accessory buildings, but shall not include any area or
spaces between solar panels. Trees and/or vegetation shall, for purposes
of this section only, mean trees with a twenty-four-inch diameter
at breast height measured 4.5 feet above the ground minimum.
[Amended 6-5-2019 by Ord.
No. 19-09A]
d.
Solar energy systems with grass or another pervious surface under
them are exempt from impervious surface calculations. If the area
is paved or otherwise rendered impervious then it counts towards any
coverage or impervious surface limit. This exemption is not intended
to apply to municipal stormwater regulations, as the panels could
have the effect of altering volume, velocity, and discharge pattern
of stormwater runoff.
(4)
Dimensional/design regulations: roof-mounted solar energy systems.
a.
Photovoltaic roofing shingles or tiles are preferred and may be directly
applied to the roof surface. With such shingle or tile installation
a standard red rectangle sign stating "photovoltaic power source"
shall be mounted to the area of the electric meter, and a disconnect
accessible from the ground shall be installed in this same area.
b.
Solar devices shall be considered part of the overall design of the
structure. Color, shape and proportions of the solar devices should
not conflict with the shape and proportions of the roof.
c.
Rooftop solar energy systems must not increase the footprint of the
structure, and must not extend within four feet of any edge of a roof
surface.
d.
Flat roofs: Set solar devices back from the edge and/or behind architectural
features to be minimally visible. Panels and devices may be set at
a pitch and elevated, if not visible from public streets.
e.
Pitched roofs: Unless there is no other viable alternative, locate
solar panels away from public view so as to not change the character
of the building. The system must be parallel to the roofline. Otherwise,
location on a primary or street-facing roof plane is not allowed.
(5)
Major solar energy systems. Proposals for major solar energy systems
and ground-mounted medium solar energy systems shall be required to
comply with the requirements for major land development review under
the provisions of Section 5-F of the Cumberland Land Development and
Subdivision Regulations.
[Amended 1-15-2020 by Ord. No. 19-34A]
(6)
Design and operation standards: major and medium solar energy systems.
a.
Site control. The project proponent shall submit documentation of
actual or prospective access and control of the project site sufficient
to allow for the construction and operation of the proposed energy
system.
b.
Operation and maintenance plan. The project proponent shall submit
a plan for the operation and maintenance of the large-scale ground-mounted
solar energy system, which shall include measures for maintaining
safe access to the installation, stormwater controls, as well as general
procedures for operational maintenance of the installation.
c.
Utility notification. No grid-intertie photovoltaic system shall
be installed until evidence has been given to the Planning Department
that the owner has submitted notification to the utility company of
the customer's intent to install an interconnected customer-owned
generator. Off-grid systems are exempt from this requirement.
d.
Lighting. Lighting of solar energy systems shall be consistent with
local, state, and federal law. Lighting of other parts of the installation,
such as appurtenant structures, shall be limited to that required
for safety and operational purposes, and shall be reasonably shielded
from abutting properties. Where feasible, lighting of the solar energy
system shall be directed downward and shall incorporate full cut-off
fixtures to reduce light pollution.
e.
Screening. With the exception of roof-mounted structures, installations
shall plant and properly maintain a twenty-foot-wide vegetated buffer
surrounding the perimeter of the installation, consisting of plantings
designed to screen the installation but not impede its solar energy
capture efficiency. For major solar installations a vegetated buffer
plan prepared by a registered landscape architect shall be included
with the development application. The vegetative buffer shall consist
of plants from the Rhode Island native plant database. All major installations
shall be set back at least 50 feet from every boundary line. The twenty-foot
buffer shall not begin until the fifty-foot buffer has been met.
f.
Signage. Signs on solar energy systems shall comply with a municipality's
sign ordinance. A sign consistent with a municipality's sign ordinance
shall be required to identify the owner and provide a twenty-four-hour
emergency contact phone number. Solar energy systems shall not be
used for displaying any advertising except for reasonable identification
of the manufacturer or operator of the solar energy system.
g.
Security. With the exception of roof-mounted structures, a fence
shall surround the perimeter of the installation of no less than seven
and no more than 10 feet in height.
h.
Utility connections. With the exception of roof-mounted structures,
reasonable efforts, as determined by the Planning Department, shall
be made to place utility connections from the solar photovoltaic installation
underground, depending on appropriate soil conditions, shape, and
topography of the site and any requirements of the utility provider.
i.
Emergency services. All means of shutting down the solar energy system
shall be clearly marked. For major and medium solar installations:
1.
The solar energy system owner or operator shall provide a copy
of the project summary, electrical schematic, and site plan to the
local fire chief.
2.
Upon request, the owner or operator shall cooperate with the
local emergency services in developing an emergency response plan.
3.
Upon request, the owner or operator shall cooperate with the
local emergency services to conduct a basic on-site safety and operational
training.
4.
The owner or operator shall identify a responsible person for
public inquiries throughout the life of the installation.
j.
Land clearing, soil erosion and habitat impacts. With the exception
of roof-mounted structures, forested areas shall not be cleared for
the purpose of installing solar installations. Otherwise clearing
of natural vegetation shall be limited to what is necessary for the
construction, operation, and maintenance of solar energy system or
otherwise prescribed by applicable laws, regulations, and bylaws/ordinances.
The disturbance and removal of topsoil from the site shall be limited
to those areas that are required for the installation of the proposed
solar energy system. The permitting authority may give priority to
proposed solar projects that utilize existing cleared land or those
which minimize the impact on forest and habitat.
k.
Monitoring and maintenance: solar energy system installation conditions.
The solar energy system owner or operator shall maintain the facility
in good condition. Maintenance shall include, but not be limited to,
painting, structural repairs, and integrity of security measures.
Site access shall be maintained to a level acceptable to the local
Fire Chief, Emergency Management Director, and emergency medical services.
The owner or operator shall be responsible for the cost of maintaining
the solar energy system and any access road(s), unless accepted as
a public way.
l.
Modifications. All material modifications to a solar energy system
made after issuance of the required building permit shall require
approval by the Planning Department.
m.
Financial surety. With the exception of roof-mounted structures,
applicants proposing to develop major and medium solar photovoltaic
projects may be required to provide a form of surety, either through
escrow account, bond or otherwise, to cover the cost of removal in
the event the Town must remove the facility and restore the landscape,
in an amount and form determined to be reasonable by the Board (and
subject to the review of the Town Solicitor), and/or as agreed to
and detailed in the site lease agreements. As part of the review for
the lease agreements, the applicant shall submit a fully inclusive
estimate of the costs associated with removal. The amount shall include
a mechanism for calculating increased removal costs due to inflation
and any expected salvage or resale value. Such surety will not be
required for municipally or state-owned facilities.
n.
Removal requirements. With the exception of roof-mounted structures,
any major or medium solar energy system that has reached the end of
its useful life or has been abandoned shall be removed. The owner
or operator shall physically remove the facility no more than 180
days after the date of discontinued operations. The owner or operator
shall notify the Board by certified mail of the proposed date of discontinued
operations and plans for removal. Decommissioning shall consist of:
1.
Physical removal of all large-scale ground-mounted solar energy
systems, structures, equipment and security from the site.
2.
Disposal of all solid and hazardous waste in accordance with
local, state, and federal waste disposal regulations.
3.
Stabilization or revegetation of the site as necessary to minimize
erosion. The Board may allow the owner or operator to leave landscaping
or designated below-grade foundations in order to minimize erosion
and disruption to vegetation.
o.
Abandonment. With the exception of roof-mounted structures, absent
notice of a proposed date of decommissioning or written notice of
extenuating circumstances, the solar energy system shall be considered
abandoned when it fails to operate for more than one year without
the written consent of the Town Council and Planning Board as it relates
to the land development project approval. If the owner or operator
of major and medium solar energy systems fails to remove the facility
in accordance with the requirements of this section within 150 days
of either abandonment or the proposed date of decommissioning, the
Town may physically remove the facility, without further notice.
[Added 2-6-2019 by Ord.
No. 18-25A]
(1)
FEDERAL ENERGY REGULATORY COMMISSION
GRID-INTERCONNECTED FACILITY
HYDROELECTRIC GENERATION
HYDROELECTRIC GENERATION FACILITY ("FACILITY")
LOW IMPACT OR "RUN-OF-RIVER" HYDROELECTRIC GENERATION FACILITY
NAMEPLATE CAPACITY
PUBLIC DRINKING WATER SUPPLY
SMALL HYDROELECTRIC GENERATION FACILITY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The federal commission within the United States Department
of Energy that is authorized under the Federal Power Act[1] to issue hydroelectric generation licenses using or affecting
Waters of the United States.
A facility that is connected to an electric circuit served
by an electric utility.
Converting the power potential of flowing water to kinetic
energy for the purpose of generating electricity. The most common
type of hydroelectric generation facility uses a dam on a river, which
impounds water.
Any facility using the power potential of flowing water over
a dam to generate electricity.
A facility that produces electricity without the storage
of water, where inflow to the facility equals outflow from the facility
at all times and where water levels are not drawn down for the purpose
of generating power.
The maximum output of electric power production of the hydroelectric
generation facility, commonly expressed in megawatts (MW) or kilowatts
(KW).
The source of surface water for a public drinking water supplier.
Any low impact or "run-of-river" hydroelectric generation
facility using the power potential of flowing water over a dam to
generate electricity with a total installed nameplate capacity of
2.0 MW or less. No facility shall be constructed, installed, or modified
without first obtaining a license pursuant to the requirements of
the Federal Power Act issued by the Federal Energy Regulatory Commission.
[1]
Editor's Note: See 16 U.S.C. § 791 et seq.
(2)
No small hydroelectric generation facility shall be constructed on
a public drinking water supply in the Town of Cumberland, as depicted
on the Rhode Island Department of Environmental Management Environmental
Resource Map.
(3)
Building permit. No facility shall be constructed, installed, or
modified without first obtaining a building permit and shall be subject
to periodic inspections as deemed necessary by the building official.
(4)
Major land development project. No facility shall be constructed,
installed, or modified without first obtaining approval from the Planning
Board for a major land development project in accordance with the
Land Development and Subdivision Regulations.[2]
[2]
Editor's Note: See Appendix A, Land Development and Subdivision
Regulations.
(5)
Special use permit. No facility shall be constructed, installed,
or modified without first obtaining a special use permit from the
Zoning Board of Review. In addition to other requirements of this
article, the following design and operation standards shall be met
in order to meet the requirements of a special use permit.
a.
Site control. The facility proponent shall submit documentation of
actual or prospective access and control of the facility site sufficient
to allow for the construction and operation of the proposed facility.
b.
Operation and maintenance plan. The facility proponent shall submit
a plan for the operation and maintenance of the facility, which shall
include measures for maintaining safe access to the facility, stormwater
controls, as well as general procedures for operational maintenance
of the facility.
c.
Utility notification. No grid-interconnected facility shall be constructed
until evidence has been given to the Planning Department that the
facility proponent has submitted notification to the utility company
of the intent to construct and operate an interconnected generation
facility.
d.
Lighting. Lighting of small hydroelectric generation facilities shall
be consistent with local, state, and federal law. Lighting of other
parts of the installation, such as appurtenant structures, shall be
limited to that required for safety and operational purposes and shall
be reasonably shielded from abutting properties.
e.
Noise. Noise levels generated by small hydroelectric generation facilities
shall be consistent with federal and state law and shall comply with
the ambient noise level thresholds prescribed by the Town of Cumberland
Code of Ordinances.
f.
Signage. Signs on small hydroelectric generation facilities shall
comply with the Town of Cumberland Zoning Ordinance. Signs shall display
identification of the owner or operator of the facility and a twenty-four-hour
emergency contact telephone number.
g.
Security. Small hydroelectric generation facilities shall, at a minimum,
comply with federal law and any specific requirements prescribed by
the Federal Energy Regulatory Commission. The Town of Cumberland may
require additional security measures which are not inconsistent with
the requirements prescribed by the Federal Energy Regulatory Commission.
h.
Emergency services. All means of shutting down the facility shall
be clearly marked. The facility owner or operator shall:
i.
Land clearing. Clearing of natural vegetation shall be limited to
what is necessary for the construction, operation, and maintenance
of the facility or otherwise prescribed by applicable laws, regulations,
and bylaws/ordinances.
j.
Monitoring and maintenance: small hydroelectric generation facility
conditions. The facility owner or operator shall maintain the facility
in accordance with the requirements of the federal hydroelectric generation
license issued by the Federal Energy Regulatory Commission. In addition,
maintenance shall include, but not be limited to, painting, structural
repairs, and integrity of security measures. Site access shall be
maintained to a level acceptable to the local Fire Chief, Emergency
Management Director, and emergency medical services. The owner or
operator shall be responsible for the cost of maintaining the facility
and any access road(s), unless accepted as a public way.
k.
Financial surety. The facility proponent shall be required to provide
a form of surety, either through escrow account, bond, or otherwise,
to cover the cost of decommissioning and removing the facility at
the end of the federal hydroelectric license term and for restoring
the landscape, in an amount and form determined to be reasonable by
the Planning Board and subject to review by the Town Solicitor.
